How Can I Prove in My Texas Divorce That My Spouse Has Abused Me?

 Posted on January 28, 2026 in Divorce

If you are going through a divorce from an abusive spouse, being able to prove that they abused you can impact what happens in your case. Domestic violence affects decisions about child custody, visitation, and property division. Abuse can be difficult to prove, though, especially if it happened behind closed doors or if you never reported it to the police.

Understanding what evidence the court will accept and how to gather it can help you build a strong case. If you need help documenting abuse in your 2026 divorce, our Frisco divorce attorney can guide you through the process and help you present your case effectively.

What Types of Abuse Will a Texas Divorce Recognize?

Texas recognizes a few categories of abuse:

• Physical abuse: This includes hitting, pushing, choking, or any unwanted physical contact that causes pain or injury.

• Sexual Abuse: This is any forced or coerced sexual contact.

• Emotional abuse: This includes threats, intimidation, constant criticism, and controlling behavior that damages your mental health.

The Texas Family Code Section 71.004 defines family violence as "an act by one family member against another that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the member in fear of imminent physical harm." This definition is important because it covers not just physical violence, but also threats and behavior that make you fear for your safety.

What Evidence Can I Use to Prove Abuse in Texas?

The more documentation you have, the better. Types of evidence Texas courts typically accept are:

Police Reports

This is some of the strongest evidence that you can have. If you called the police during an incident, request copies of all reports. Even if your spouse was not arrested, the report still documents that an incident occurred.

Medical Records

If you went to the doctor, emergency room, or urgent care after an incident, those records can prove what happened. Even records from therapy or counseling sessions can show the emotional impact of abuse.

Photographs

Photos of injuries, damaged property, or threatening messages are important evidence. Take photos as soon as possible after an incident. Make sure the photos are dated and show damage clearly.

Text Messages, Emails, and Voicemails

These can be a record of threats, harassment, or controlling behavior. Save all communications that show abusive language, even if it is upsetting to read.

Witness Testimony

People who saw the abuse or its effects can support your claims. This might include friends, family members, neighbors, coworkers, or your children's teachers.

Protective Orders or Restraining Orders

If you got orders against your spouse before, get copies of them. If a court already found enough evidence to issue a protective order, it will have a big impact on your divorce.

Will a Divorce Judge Believe Me if I Never Reported the Abuse?

Many abuse victims never call the police or seek medical attention during the relationship. According to The Crime Report, 44 percent of domestic violence cases are not reported. Not having police reports or medical records does not mean you cannot prove abuse happened.

Texas courts know that victims often stay silent. You can still provide other forms of evidence. Use the evidence listed above and make a detailed journal of every incident you remember, including dates, times, what happened, and any witnesses. Your testimony alone may not be enough, but if it can be supported by the other evidence, it will help your case.

If you have been seeing a mental health professional, they can also testify about the signs of abuse they have noticed, even if you did not report incidents to them at the time.

Call a Collin County, TX Divorce Lawyer Today

Proving abuse in your divorce requires careful documentation and presentation of evidence. It can also be very stressful if you are afraid of your spouse hurting you in the future. Our Frisco family law attorney at Moore Family Law, P.C. understands how difficult it is to come forward about abuse. We can help you gather the evidence you need and present it effectively to the court. Contact Moore Family Law, P.C. at 214-764-8033 today to discuss your case.